2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XV OF 2004.

RAJIV GANDHI SCIENCE AND TECHNOLOGY
COMMISSION ACT, 2004.

(As  modified  upto  the  23rd  November  2012)

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  CENTRAL  PRESS,  MUMBAI
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND
PUBLICATIONS,  MAHARASHTRA  STATE,  MUMBAI  400  004.

2012

[Price  : Rs.  15.00]

2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

(i)

THE RAJIV GANDHI SCIENCE AND TECHNOLOGY
COMMISSION ACT, 2004.

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I

PRELIMINARY

1.

2.

Short title and commencement.

Definitions.

CHAPTER II

COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION

AND  MANAGEMENT

Establishment of Commision.

Constitution  of Commission.

Term of office and conditions of appointments of Chairman and
members.

Aims and objectives of Commission.

Functions  and Scope of Commission.

Method or procedure of working of Commission.

Making use of facilities including manpower in existing institutions.

Project Funding.

Meetings  of Commission.

Officers  and  other employees  of Commission.

Overseeing Council.

CHAPTER III

FUND, BUDGET, ACCOUNTS, AUDIT AND RETURNS

Grants by State  Government.

Fund of Commission.

Grants, donations, etc., to Commission.

Budget.

Accounts  and Audit.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

H  781—1

(ii)

Rajiv Gandhi Science and Technology
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[2004  :  Mah.  XV

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

Annual Report.

Returns  and information.

Directions  by Government.

Vacancies, etc.,  not to invalidate proceedings of Commission.

 Authentication of orders and instruments of Commission.

Power  of  monitoring  and  reviewing  the  progress  of  work  assigned  to
organization.

Chairman, members and employees of Commission to be public servants
and protection of act done in good faith.

Power to make rules.

Power to make regulations.

Power to remove  difficulty.

Repeal of Mah. Ord. XX of 2004 and saving.

2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

MAHARASHTRA ACT No. XV OF 20041.

[ THE RAJIV GANDHI SCIENCE AND TECHNOLOGY COMMISSION ACT, 2004 ]

1

(This Act received the assent of the Governor on the

15th December 2004; assent was first published in the

Maharashtra Government Gazette, Part IV, on the

15th December 2004.)

An Act to provide for establishment and incorporation

of the Rajiv Gandhi Science and

Technology  Commission.

WHEREAS it was expedient to establish and incorporate a Science
and  Technology  Commission  for  advancement,  propagation  and
promotion  of  application  of  science  and  technology  to  the  various
problems  facing  the  society  and  to  make  provision  therefor  for  the
benefit of the society ;

AND WHEREAS both Houses of the State Legislature were not in

session ;

AND  WHEREAS  the  Governor  of  Maharashtra  was  satisfied  that
circumstances  existed  which  rendered  it  necessary  for  him  to  take
immediate  action  to  make  a  law  to  provide  for  establishment  and
incorporation  of  the  Science  and  Technology  Commission,  for  the
purposes  aforesaid ;  and, therefore, promulgated the Rajiv  Gandhi
Science  and Technology Commission Ordinance, 2004, on the 21st July
2004 ;

AND WHEREAS  it  is  expedient  to  replace  the  said Ordinance
by an Act of the State Legislature ; it is hereby enacted in the Fifty-
fifth Year of the Republic of India as follow :—

Mah.
Ord.
XX of
2004.

CHAPTER I

PRELIMINARY

1.

(1) This  Act  may  be  called  the  Rajiv  Gandhi  Science  and

Technology Commission Act, 2004.

Short title
and
Commencement.

(2) It shall be deemed to have come into force on the 21st July 2004.

2.

(1) In this Act, unless the context otherwise requires,—

Definition

(a) “ adjunct appointment ” means concurrent appointment by the
Commission  of  a  person  already  working  in  a  college,  institute,
university, industry, research institution or organisation and who is
associated  with  the  Commission  in  carrying  out  the  work  of
formulation, testing or implementation, or evaluation, of the projects
or work of the Commission ;

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,

dated  the  6th  December  2004,  Extraordinary,  Pt.  V-A,  page  239.

H  781—1a

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[2004  :  Mah.  XV

(b) “ Commission ”  means  the  Rajiv  Gandhi  Science  and

Technology Commission established under section 3 ;

(c) “ Contract appointment ”  means appointment  of a  person on
contract basis whether for a specified project work or for a specified
period ;

(d) “ Fund ”  means  the  fund  of  the  Commission  referred  to  in

section 15 of the Act ;

(e) “ Government ”  or  “ State  Government ”    means  the

Government of Maharashtra ;

(f) “ member “ means a member of the Commission and includes

the Chairman and Member-Secretary of the Commission ;

(g) “ prescribed ” means prescribed by rules made under this Act ;

(h) “ regulations ”  means  regulations  made  by  the  Commission

under this Act ;

(i) “ rules ” means rules made by the Government under this Act ;

(j) “ tenure  appointment ” means  appointment of  a  person for  a
specified  period,  at  the  expiry  of  which  the  appointment  shall
automatically stand terminated, unless the appointment is renewed
before the expiry of the specified period.

CHAPTER II

COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING,
STAFF, LOCATION AND MANAGEMENT

Establish-
ment  of
Commission.

Constitution
o f
Commission.

3.

(1) For the purposes of advancement, propagation and promotion
of application of science and technology to the various problems faced
by the society and to the developmental work, the State Government
may,  by  notification  in  the Official  Gazette, establish  a  Commission
called “ the Rajiv Gandhi Science and Technology Commision ”.

(2) The Commission shall be a body corporate by the name aforesaid
having perpetual succession and a common seal, with power to acquire,
hold and dispose of property movable, immovable and intellectual and
to contract and may sue and be sued by the said name.

4.

(1) The Commission shall consist of,—

(a) a  Chairman, to  be appointed  by the  Government, who  shall
be  a  person  who  is  an  eminent  scientist  having  wide  and  varied
experience in application of developments in science and technology
for  the  solution  of  problems  facing  the  society  and  preferably
experience of socio-economic analysis ;

2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

3

(b) a  Member-Secretary,  to  be  appointed  by  the  Government,
who  shall  be  a  person  who  is  preferably  a  senior  scientist  having
wide and varied experience in application of developments in science
and  technology  to  the  solution  of  problems  facing  the  society  and
preferably  experience  of  socio-economic  analysis.  The  Member-
Secretary  shall  be  the  executive  head  of  the  Commission’s
establishment. Selection of the person for appointment as a Member-
Secretary may be done on the lines of the prevailing methods adopted
by  the  Government  of  India  for  appointments  to  senior  scientific
positions, such as through a Search Committee, advertisement, etc. ;

(c) not  more  than  five  other  non-official  members,  to  be

appointed by the State Government, out of whom,—

(i) not more than two members shall be from amongst persons
who are experts in the field of science and technology and have
proven  record  of  experience  of  application  of  developments  in
science and technology for the benefit of the society ;

(ii) at least one member shall be from the field of research and
development in science and technology for the benefit of society ;

(iii) the remaining members shall be chosen from amongst the

persons—

(A) who  have  knowledge  of,  or  experience  in, industry

or  agriculture ;  or

(B) who are members of the engineering profession:

Provided that, not less than one-half of the non-official members
shall be from amongst the persons who are not in the employment
of  the  State  Government,  Central  Government  or  any  other  State
Government or their undertakings ;

(d) the  Chief  Secretary,  Secretary  of  Finance  Department,
Secretary  of  Planning  Department  and  the  Secretary-in-
charge  of  Science  and  Technology,  of  the  Government  shall
be the ex-offtcio members of the Commission :

Provided  that,  Secretary  of  Finance  Department  shall  be
designated as the Member-Finance of the Commission. His views and
opinion in the financial matters of the Commission shall, as far as
possible, be accepted by the commission. In such cases, the decisions
on  financial  matters  could  be  taken  by  a  simple  majority  of  the
members  present.  Where  there  is  a  difference  of  opinion  between
the  views  of  the  other  members  including  the  Chairman  and  the
Member-Finance, the matter shall be decided by two-third majority
of  the members  present.

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[2004  :  Mah.  XV

Term  of
office  and
conditions
of  appoint-
ments  of
Chairman
and
members.

(2)  The  State  Government  shall  notify  the  appointments  of  the
members in the Official Gazette, and upon the publication of the names
of the Chairman, Member-Secretary and not less than three members
referred  to  in  clause  (c)  of  sub-section  (2),  the  Commission  shall  be
deemed to be duly constituted.

5.

(1) The  Chairman and non-official members shall be appointed
for a term of five years and the term of five years shall be computed
from the date of the constitution of the Commission under sub-section
(2) of section 4 :

Provided that, the five years term of the Chairman and all the non-
official members shall be co-terminus and shall be computed from the
date of constitution of the Commission under sub-section (2) of section
4  irrespective  of  the  later  date  of  actual  appointment  of  any  of  the
remaining  members  :

Provided further that, the Chairman and members shall be eligible

for re-appointment.

(2) The Chairman, Member-Secretary or a non-official member may,
at any time, by writing in his own hand addressed to the Government,
resign from the office of the Chairman, Member-Secretary or a member,
as the case may be :

Provided  that,  such  office  bearer  shall  continue  in  office  until  his
resignation is accepted by the Government or for a period of one month
from the date of resignation, whichever is earlier.

(3) Notwithstanding  anything  contained  in  sub-section  ( 1),
the  Government  may,  remove  a  person  from  the  office  of  the
Chairman,  Member-Secretary  or  member,  as  the  case  may  be,
if that person,—

(a) becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for any offence,

involving moral turpitude ;

(c) becomes  of  unsound  mind  and stands  so  declared  by ad  hoc

Medical Board appointed for the purpose;

(d) refuses to act or becomes incapable of acting;

(e) is, without obtaining leave of absence from the Commission,

absent in three consecutive meetings of the Commission ;

(f) in  the  opinion  of  the  Government,  has  so  abused  the
position  of  Chairman,  Member-Secretary  or  member  as  to  render

2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

5

that  person’s  continuance  in  the office  detrimental  to  the  public
interest  or  is  otherwise  unfit  or  unsuitable  to  continue  as  such
Chairman, Member-Secretary or member;

(g) in the opinion of the Government, the standard of performance
of such person is not found to be satisfactory or not upto the expected
performance :

Provided that, no person shall be removed under clause (f) or (g),
unless that person has been given a reasonable opportunity to show
cause in writing in the matter and a committee of experts specially
constituted  for  the  purpose  by  the  Government  recommends  and
approves such removal.

(4) Notwithstanding anything contained in the foregoing provisions
of this section, the State Government may curtail the term of office of
the Chairman and any or all non-official members holding office for the
time being and appoint a new Chairman and other non-official members
either for the remainder of the term or for a full term of five years, as
the State Government may deem fit.

(5) A  vacancy  caused  under  sub-section (2) or  (3)  or  in  any  other

manner, shall be filled in, as soon as may be,—

(i) if  such  vacancy  is  in  the  office  the  Chairman,  by  a  fresh
nomination  of  any  other  member  or  any  other  person  as  the
Chairman; and

(ii) if such vacancy is in the office of a member, by making a fresh

nomination of some person,

and the member or person so nominated shall hold office as the
Chairman or the member, as the case may be, for the remainder of
the term of office of the person in whose vacancy such person has
been  nominated  would  have  held  office,  if  the  vacancy  had  not
occurred  :

Provided that, if the vacancy of a member other than that of the
Chairman,  occurs  within  six  months  preceding  the  date  on  which
the  term  of  office  of  the  member  expires,  the  vacancy  may  not  be
filled in.

(6) The  remuneration,  allowances  and  other  terms  and  conditions
of service for the office of the Chairman and Member-Secretary shall
be such as may be fixed by the State Government by an order issued
in this bahalf and in case of non-official members, the same shall be as
may be prescribed.

6. The main aims and objectives of the Commission shall be,—

(a) to  be  an  agent  for  change,  development  or  advancement

through inputs of science and technology ;

Aims  and
objectives  of
Commission.

(b) to  function  as  the  prime  mover  of  stimulating  horizontal
interaction  between  the  universities,  research  and  development

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Commission Act, 2004

[2004  :  Mah.  XV

institutions and any other industries or institutions for developing
and upgrading science and technology ;

(c) to  propagate  application  of  science  and  technology  through
studies, adaptation of technology, formulating projects, by using the
technology,  field  demonstration,  imparting  necessary  training,
publications and consultancy ;

(d) to provide necessary seed capital and other inputs on identified

projects for propagating application of science and technology;

(e) to act as catalyst or facilitator for transfer of technology from
laboratories and other research efforts to application of science and
technology on a larger scale ;

(f) to catalyze applications of innovations in line departments of
the  Government  such  as  innovations  in  education  sector  to  create
knowledge  based  society,  improving  health  services,  etc.,  for
sustained economic progress;

(g) to  create  facilities,  including  equipments,  for  undertaking
application related research and development in areas or disciplines
where  such  facilities  are  not  available  in  other  institutions  or  are
inadequate to the requirements ; and

(h) any other activities for propagating application of science and

technology.

Functions
and  scope  of
Commission.

7.

In furtherance of the   aims   and  objectives   of the Commission,
the  Commission  shall  perform  all  or  any  of  the  following  functions,
namely:—

(a) undertake studies and surveys to identify the technology gaps,
where there shall be special emphasis on agricultural surveys, items
that  affect  rural  economy,  artisans  cottage  industries,  small  scale
units,  agro-based  industries,  building  materials,  horticulture,
agriculture,  economic  exploitation  of  minor  minerals,  marine
products and such other subject as the Commission may determine
with a view to create value added products ;

(b) identify and develop innovations in technologies and formulate

projects for implementation;

(c) project implementation and funding;

(d) disseminate  information  about  results  of  projects  and  other
information  through  publications,  visual  media,  films,  mobile
exhibitions or the like so as to ensure wider circulation;

2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

7

(e) consultancy service about technologies or expertise developed

by the Commission ;

(f) conduct technology application oriented training programmes
for the beneficiaries or the implementing agencies to upgrade skills
and to inculcate scientific temper ;

(g) provide  financial  and  other  support  to  organisations  or
institutions actively involved in identification or implementation or
monitoring of the project of the Commission, which may also include
funds  for  creation  of  hardware  or  equipment  facilities  in  areas  or
disciplines where they do not already exist or are inadequate to the
requirements ;

(h)  set  up  and  supervise  centres  of  excellence  or  institutes  of
excellence in science and techonolgy or for specific purposes with a
view  to  encourage  creation  of  employment  opportunities  through
science and technology ;

(i) identify technology for non-conventional sources of energy that

are replicable ;

(j) any other acitivity in furtherance of the aims and objectives of

the Commission :

Provided that, the Commission may provide a limited support to
relevant basic research, however the main role of the Commission
shall be to promote application oriented research and development
work  and  thereafter  its  utilisation  on  a  wider  scale  and  the
Commission shall not undertake or promote any activity or activities
which  do  not  directly  further  this  basic  aim  and  objective  of  the
Commission; and in particular, the Commission shall not,—

(i) promote, support or fund any research which, if successful,
will not have potential for direct application or adaptation ; and

(ii) promote, support or fund any academic acitivities leading
to grant of degree or diploma or recognition on completion of any
study or project or procedure.

8.

In  pursuance  of the  aims   and  objectives   and  for discharging
the functions assigned to the Commission, the Commission shall adopt
the following method or procedure for identification, formulation and
implementation  of  projects  involving  application  of  science  and
technology, namely:—

Method  or
procedure  of
working  of
Commission.

(a) undertaking studies, both in house and sponsored, to identify
the  problem  areas  and  potential  areas  for  science  and  technology
inputs ;

(G.C.P.) H 781—2 (2542—10-2012)

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Commission Act, 2004

[2004  :  Mah.  XV

(b) holding seminars, conferences, workshops and discussions for
identifying technology gaps, suitable technologies, generating projects
and review implementation of programmes ;

(c) interaction with research institutions, universities, industries,
Government agencies, professional bodies, field agencies, voluntary
agencies, experts and others in the field of science and technology;

(d) instituting  mechanism  for streamlining  interaction  between
such institutions, bodies or agencies as are referred to in clause (c);

(e) identification of institutions and experts for establishing techno-
economic viability of the projects and for implementation of projects ;

(f) project funding, monitoring and review ;

(g) publication  of  results  of  successful  projects  and  proven
technologies, with a view to achieve multiplier or replication effect;

(h) identify infrastructure gaps and promote or finance setting up
of  facilities  that  are  not  available  in  other  institutions  or  are  not
adequate to the requirements ;

(i) consultancy  to  Government  agencies,  industries,  voluntary
agencies and other organisations in providing science and technology
inputs for implementation of their schemes and programmes;

(j) supporting and encouraging initiative from the actual endusers

of innovations in science and technology;

(k) mobilisation and utilisation of funds of line departments for

mutually relevant projects ;

(l) interaction  with  the  institutions  outside  the  country,  and
bilateral  agencies  and  international  development  agencies  for
projects, programmes and finances.

Making  use
of facilities
including
manpower
in existing
institutions.

9.

(1) In discharge of its functions, the Commission may make use
of  the  facilities  that  are  available  in  any  of  the  existing  private
or  Government  educational  and  the  research  and  development
organisations and, subject to the regulations framed  in  this  behalf,
the  Commission    shall  work  out  arrangements    to  provide,  to    such
institutions,  financial support  in  lieu  of their providing the  facilities
for the Commission or undertaking work on behalf of the Commission.

(2) When the persons working in these institutions have devoted or
are  devoting  their  time  to  the  projects  undertaken  on  behalf  of  the

2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

9

Commission,  the  salary  and  other  allowances  of  such  persons  for
devoting  such  time  may  be  reimbursed  by  the  Commission  to  such
institutions in accordance with the regulations.

10.

(1) The  Commission may provide  suitable financial support
to    the    institutions    chosen    for    development    of  technology,
formulation  of  projects,  undertaking  demonstration  of  projects,
implementing the projects or any other functions of the Commission.

Project
funding.

(2) The  Commission  shall  frame  regulations,  for  identification  of
institutions and for providing financial support under sub-section (1) of
such institutions.

11. The Commission shall meet as and when necessary and at such
times and shall observe such procedure in regard to the transaction of
business at its meetings  as may be provided by regulations.

Meetings of
Commission.

Officers and
other
employees  of
Commission.

12.

(1) The Commission may appoint or take on deputation, such
other officers  and employees including technical  or project personnel
as,  in  the  opinion  of  the  Commission,  may  be  of  necessary  for  the
efficient  performance  of  its  functions  under  this  Act.  Such  officers
and  other  employees  of  the  Commission  shall  consist  of  two
categories, namely  :—

(a)  Permanent  staff.—consisting  of  administrative  and  secretarial
officers and staff necessary for carrying out day to day working of the
Commission, on a permanent basis ;

(b)  Temporary  or  project  staff  on  adjunct,  contractual  or  tenure
appointment.—consisting of persons appointed on temporary basis either
by way of adjunct appointment or on contractual basis for a specified
project or on tenure basis for a specific period.

(2) The  posts  of  officers  and  other  employees  of  the  Commission
referred to under clause (a) of sub-section (1) shall be created with the
prior sanction of the Government.

(3) The  manner  of  appointment  and  the  salaries,  allowances  and
other terms and conditions of service of the officers and employees shall
be  such  as  may  be  determined  by  the  Commission,  subject  to  any
general or special orders issued in this behalf by the Government.

13.

(1) The  Government  may,  by  notification  in  the Official
Gazette, appoint  an  Overseeing  Council  for  reviewing  the  work
and  performance  of  the  Commission,  for  giving  guidance  and  for
providing    policy  guidelines    for    smooth    and    efficient  functioning
of the Commission.

Overseeing
Council.

H  781—2a

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[2004  :  Mah.  XV

(2) The constitution of the Overseeing Council, its functions and duties

shall be such as may be specified in such notification.

CHAPTER III

FUND, BUDGET, ACCOUNTS, AUDIT AND RETURNS.

Grants  by
State
Government.

Fund  of
Commission.

14. The  Government  shall,  after  due  appropriation  made  by  the
State Legislature by law in this behalf, pay to the Commission in each
financial year by way of grants from the Consolidated Fund of the State,
such sums of money as the Government may deem fit for being utilised
for the purposes of this Act.

(1) The Commission shall maintain a Fund to which shall be

15.
credited—

(a) all moneys provided by the State and the Central Governments ;

(b) all  fees,  royalties  and  other  charges  received  by  the

Commission;

(c) all moneys received by the Commission by way of grants, gifts,

endowments, donations, benefactions, bequests or transfers; and

(d) all moneys received by the Commission in any other manner

or  from  any  other  source.

(2) All moneys credited to the Fund shall be deposited in such bank
or banks and invested in such manner as the Commission may decide.

(3) The Commission shall be encouraged to create a corpus as a long

term  measure.

(4) The Fund shall be applied by the Commission towards meeting

the expenses of the Commission for the purposes of this Act.

Explanation.—For the purposes of this section, the expression “ bank ”

means,—

(i)  the  State  Bank  of  India  constituted  under  the  State  Bank

of India Act, 1955 ;

(ii)  a  subsidiary  bank  as  defined  in  the  State  Bank  of  India

(Subsidiary Banks) Act, 1959 ;

(iii) a corresponding new bank constituted under section 3 of the
Banking  Companies  (Acquisition  and  Transfer  of  Undertakings)
Act, 1970 or under section 3 of the Banking Companies (Acquisition
and Transfer of Undertakings) Act,  1980.

23  of
1955.

38  of
1959.

5  of
1970.

40  of
1980.

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Rajiv Gandhi Science and Technology
Commission Act, 2004

16. The  Commission  may  receive  gifts,  grants,  donations,
benefactions,  endowments,    bequests  from  the  Central  Government,
the  State  Government  and  other  State  Governments,  companies,
industries,  institutions,  individual  or  from  any  other  sources.  Such
receipts, particularly those from the bilateral or multilateral agencies
shall,  however,  be  subject  to  the  overall  policy  guidelines,  if  any,  of
the Central Government and the State Government.

11

Grants,
donations,
etc.,  to
Commission.

17.

(1) The  Commission  shall  prepare,  in  such  form  and  at  such
time  each  year,  as  may  be  prescribed,  a  budget  in  respect  of  the
financial  year  next  ensuing,  showing  the  estimated  receipts  and
expenditure, and copies thereof shall be forwarded to the Government.

Budget.

(2) The  expenditure  from  the  Fund  of  the  Commission  shall  be
incurred only after the budget of the Commission has been approved
by the Government or as a special case, with the prior approval of the
State Government:

Provided  that,  the  Commission  shall  be  competent  in  incur  any
expenditure from the moneys received under section 16, to further the
aims and objectives of the Commission outside the budget approved by
the  Government  or  without  referring  the  matter  for  approval  of  the
Government,  if  there  is  no  financial  liability,  direct  or  indirect,
immediate  or  in  future,  on  the  Government.  Such  receipts  of  money
and expenditure shall, however, be shown in the budget, accounts as
well as annual report of the Commission.

18.

(1) The  Commission  shall  cause  to  be  maintained  such
books  of  accounts  and  other  books  in  relation  to  its  accounts,
in such form and in such manner, as may be prescribed.

Accounts  and
audit.

(2) The Commission shall, as soon as may be, after closing its annual
accounts, prepare a statement of accounts including the balance-sheet
in  such  form  as  may  be  prescribed  and  forward  the  same  to  the
Government.

(3) The  accounts  of  the  Commission  shall  be  audited  by  the
Accountant General of the State of Maharashtra at such time and in
such manner as may be specified by him and any expenditure incurred
in connection with such audit shall be payable by the Commission to
the Accountant General.

(4) The  Accountant  General  and  any  person  appointed  by  him  in
connection with the audit of the accounts of the Commission under this
Act  shall  have  the  same  rights  and  privileges  and  the  authority  in
connection with  such audit  as the  Accountant General  generally has

12

Rajiv Gandhi Science and Technology
Commission Act, 2004

[2004  :  Mah.  XV

in  connection  with  the audit  of  any  Government  accounts  and,  in
particular,  shall  have  the  right  to  demand  the  production  of  books,
accounts connected vouchers and other documents and papers and to
inspect any of the offices of the Commission.

(5) The annual accounts of the Commission together with the audit
report  thereon  shall  be  forwarded  to  the  Government  and  the
Government shall cause the same to be laid, as soon as may be, after
the report is received, before both the Houses of the State Legislature
and shall also forward a copy of the audit report to the Commission for
taking suitable action on the matter arising out of the audit report or
audit objections, if any.

Annual
report.

19. The  Commission  shall  prepare  once  every  year,  in  such
form  and  at  such  time  each  year,  as  may  be  prescribed,  an
annual  report  giving  accurate,  true  and  full  account  of  its  activities
during the previous financial year, and copies thereof shall be forwarded
to  the  Government  and  the  Government  shall  cause  the  same  to  be
laid,  as  soon  as  may  be,  after  its  receipt,  before  both  Houses  of  the
State Legislature.

Returns
and
information.

20. The Commission shall furnish to the Government such returns
or other information, with respect to its property, accounts or activities
as the  State Government may,  from time to  time, require.

Directions
by
Government.

21.

In the discharge of its functions under this Act, the Commission
shall be guided by such directions on questions of policy  and  procedure
as  may be  given  to  it  by the Government, from time to time.

Vacancies,
etc.,  not  to
invalidate
proceedings
o f
Commission.

22. No  act  done  or  proceedings  taken  by  the  Commission,  or  the
Overseeing  Council  shall  be  questioned  or  be  invalid  on  the  ground
merely  of  the  existence  of  any  vacancy  or  defect  in  the    constitution
of  the    Commission    or  the    Overseeing  Council  or  any  defect  in  the
nomination of a person as the Chairman or a member.

Authentica-
tion  of
orders  and
instruments
o f
Commission.

23. All  orders    and  decisions  of  the  Commission  shall  be
authenticated  under  the  signature  of  the  Chairman  or  the  Member-
Secretary or any other member authorised in writing by Commission
in  this  behalf  and  all  other  instruments  of  the  Commission  shall  be
authenticated  by  the  signature  of  the  Chairman  or  the  Member-
Secretary or any other officer of the Commission as may be authorised
in writing by the Commission in this behalf.

13

Power  of
monitoring
and
reviewing
the
progress  of
work
assigned  to
organisation.

Chairman,
members
and
employees
o f
Commission
to  be  public
servants
and
protection
of  act  done
in  good
faith.

Power  to
make  rules.

2004 : Mah. XV ]

Rajiv Gandhi Science and Technology
Commission Act, 2004

24. The  Commission  shall  have  power  to  assign  work  to
Government  supported  organisations  and  to  monitor  and
review  the  progress  of  the  work  assigned  to  any  organisation
irrespective  of  whether  or  not  the  organisation  to  which  the
work  is  so  assigned  is  receiving  any  financial  or  other  support
from the  Commission.

45  of
1860.

25.

(1) The  Chairman,  members,  officers  and  employees  of
the  Commission  shall  be  deemed  to  be  public  servants  within
the meaning of section 21 of the Indian Penal Code.

(2) No suit, prosecution or other legal proceedings shall lie against
any  member  of  the  Commission  or  any  officer  or  other  employee  of
the Commission or any person acting under the direction either of the
State Government or of the Commission, in respect of anything which
is in good faith done or intended to be done in pursuance of this Act or
any rules or regulations or orders made thereunder.

26.

(1) The  State  Government  may,  by  notification  in  the
Official  Gazette, and  subject  to  the  condition  of  previous publication,
make rules to carry out the purposes of this Act.

(2) In  particular,  and  without  prejudice  to  the  generality  of
the  foregoing  power,  such  rules  may  provide  for  all  or  any  of
the following matters, namely :—

(a) the terms and conditions of service of the non-official members

of the Commission other than Chairman and Member-Secretary ;

(b) the  form  and  manner  and  the  time  for  preparation  of  the

budget by the Commission;

(c) the  form  and  manner  of  maintenance  of  the  accounts  of  the

Commission ;

(d) any other matter which is required to be or may be prescribed,

for carrying out the purposes of this Act.

(3) Every  rule  made  under  this  Act  shall  be  laid,  as  soon  as
may  be  after  it  is  made,  before  each  House  of  the  State
Legislature  while  it  is  in  session,  for  a  total  period  of  thirty
days  which  may  be  comprised  in  one  session  or  in  two  or
more  successive  sessions,  and  if,  before  expiry  of  the  session
in  which  it  is  so  laid  or  the  session  immediately  following,
both  Houses  agree  in  making  any  modification  in  the  rule  or
both  Houses  agree  that  the  rule  should  not  be  made  and
notify  such  decision  in  the Official  Gazette, the  rule  shall,
from  the  date  of  such  notification,  have  effect  only  in  such
modified  form  or  be  of  no  effect,  as  the  case  may  be  ;  so,
however,  that  any  such  modification  or  annulment  shall  be
without  prejudice  to  the  validity  of  anything  previously  done
or omitted to be done under that rule.

14

Power  to
make
regulations.

Rajiv Gandhi Science and Technology
Commission Act, 2004

[2004  :  Mah.  XV

27. The  Commission  may,  with  the  previous  approval  of  the
Government  and  by  notification  in  the Official  Gazette, make
regulations consistent with the provisions of this Act and the rules made
thereunder for,—

(a)  regulating  arrangements  to  provide  financial  support  to

institutions providing facilities to the Commission;

(b) identification  of  institutions  for  project  funding  and  financial

support under section 10 ;

(c) regulating  the  meetings  of  the  Commission  and  the  procedure

for conducting business thereat;

(d) any  other  matter  which  is  to  be  or  may  be  regulated  by

regulations for carrying out the purposes of this Act.

Power  to
remove
difficulty.

28.

(1) If any difficulty  arises  in  giving effect to  the provisions of
this Act, the State Government may, by order published in the Official
Gazette, make such provisions, not inconsistent with the provisions of
this  Act,  as  appear  to  it  to  be  necessary  or  expendient  for  removing
the difficulty :

Provided  that,  no  such  order  shall  be  made  after  the  expiry  of  a

period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as
may be, after it is made, before each House of the State Legislature.

Repeal  of
Mah.  Ord.
XX  of  2004
and  saving.

29.

(1) The   Rajiv   Gandhi   Science   and   Technology Commission

Ordinance, 2004, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken
(including any notification issued or nomination, appointment or rule
made) under the said Ordinance, shall be deemed to have been done,
taken or issued, as the case may be, under the corresponding provisions
of this Act.

Mah.
Ord.
XX  of
2004.

——————

GOVERNMENT CENTRAL PRESS, MUMBAI

(iv)

Maharashtra  Debt Relief  Act,  1975

[1976  :  Mah.  III

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

